The city of South San Francisco finds and declares:
(a) 
State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) solid waste generated in their jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.
(b) 
State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and multifamily property owners that generate a specified threshold amount of solid waste to arrange for recycling services and requires jurisdictions to implement a mandatory commercial recycling program.
(c) 
State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to solid waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and multifamily property owners that generate a specified threshold amount of solid waste, recycling, and organic waste per week to arrange for recycling services for that waste, requires jurisdictions to implement a recycling program to divert organic waste from businesses subject to the law, and requires jurisdictions to implement a mandatory commercial organics recycling program.
(d) 
SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including jurisdictions, residential households, commercial businesses and business owners, commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services to support achievement of statewide organic waste disposal reduction targets.
(e) 
SB 1383, the Short-Lived Climate Pollutant Reduction Act of 2016, requires jurisdictions to adopt and enforce a chapter or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. This chapter will also help reduce food insecurity by requiring commercial edible food generators to arrange to have the maximum amount of their edible food, that would otherwise be disposed, recovered for human consumption.
(f) 
Requirements in this chapter are consistent with other adopted goals and policies of the city including: the city’s general plan, purchasing procedures, South San Francisco Municipal Code provisions, including, but not limited to, those relating to Water Efficient Landscape (Section 20.300.007) and Construction and Demolition (Chapter 15.60), and greenhouse gas reduction and local climate action goals.
(Ord. 1628 § 2, 2021)
The following terms and definitions shall apply for the purposes of this Chapter. Where applicable, the terms and definitions described below shall have the same meaning as set forth under the corresponding provisions of California Code of Regulations, Title 14, § 18982.2 (14 CCR § 18982.2) and as respectively restated here. If any definition under 14 CCR § 18982.2 contradicts a definition set forth in this Chapter, the definition under 14 CCR § 18982.2 shall govern. If a definition under 14 CCR § 18982.2 is subsequently modified or replaced after the effective date of the enabling ordinance of this Chapter, the definition under 14 CCR § 18982.2 shall govern.
“Blue container”
shall be used for the purpose of storage and collection of source separated recyclable materials or source separated blue container organic waste, and means a container where either:
(1) 
The lid of the container is blue in color; or
(2) 
The body of the container is blue in color and the lid is either blue, gray, or black in color. Hardware such as hinges and wheels on a blue container may be any color.
“CalRecycle”
means California’s Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on jurisdictions (and others).
“California Code of Regulations” or “CCR”
means the State of California Code of Regulations. CCR references in this chapter are preceded with a number that refers to the relevant title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).
“City”
means the city of South San Francisco.
“City enforcement official”
means the city manager or his or her designee, the city attorney, or the individual or entity duly authorized by the city, as applicable, who is/are partially or wholly responsible for enforcing the requirements of this chapter.
“Code”
means, unless otherwise specified, the South San Francisco Municipal Code.
“Commercial business” or “commercial”
means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling. A multifamily residential dwelling that consists of fewer than five units is not a commercial business for purposes of this chapter.
“Commercial edible food generator”
includes a tier one or a tier two commercial edible food generator as defined in this section. For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators.
“Compliance review”
means a review of records by the city or its designee to determine compliance with this chapter.
“Community composting”
means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on site at any one time does not exceed one hundred cubic yards and seven hundred fifty square feet.
“Compost”
means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility.
“Compostable plastics” or “compostable plastic”
means plastic materials that meet the ASTM D6400 standard for compostability.
“Container”
means either a blue, gray, or green container described in this chapter.
“Container contamination” or “contaminated container”
means a container, regardless of color, that contains prohibited container contaminants.
“C&D”
means construction and demolition debris.
"Designated Source Separated Organic Waste Facility,"
as defined in 14 CCR Section 18982(14.5), means a solid waste facility that accepts a source separated organic waste collection stream as defined in 14 CCR Section 17402(a)(26.6) and complies with one of the following:
(1) 
The facility is a "transfer/processor," as defined in 14 CCR Section 18815.2(a)(62), that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d), and meets or exceeds an annual average source separated organic content recovery rate of fifty percent between January 1, 2022 and December 31, 2024 and seventy-five percent on and after January 1, 2025 as calculated pursuant to 14 CCR Section 18815.5(£) for organic waste received from the source separated organic waste collection stream.
(A) 
If a transfer/processor has an annual average source separated organic content recovery rate lower than the rate required in Paragraph 1 of this definition for two consecutive reporting periods, or three reporting periods within three years, the facility shall not qualify as a "designated source separated organic waste facility."
(2) 
The facility is a "composting operation" or "composting facility" as defined in 14 CCR Section 18815.2(a)(13), that pursuant to the reports submitted under 14 CCR Section 18815.7 demonstrates that the percent of the material removed for landfill disposal that is organic waste is less than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3), whichever is applicable, and, if applicable, complies with the digestate handling requirements specified in 14 CCR Section 17896.5.
If the percent of the material removed for landfill disposal that is organic waste is more than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3), for two consecutive reporting periods, or three reporting periods within three years, the facility shall not qualify as a "designated source separated organic waste facility." For the purposes of this section, the reporting periods shall be consistent with those defined in 14 CCR Section 18815.2(a)(49).
“Designee”
means the person or entity with whom the city has contracted or otherwise arranges to carry out any of the city’s responsibilities of this chapter. For the purpose of edible food recovery administration pursuant to this chapter only, designee means the county of San Mateo and its Office of Sustainability.
“Donation dumping”
means the actions of a tier one or tier two commercial edible food generator in supplying food for recovery that the food recovery organization or food recovery service is unable to accept, supplying large amounts of food unfit for human consumption, and/or the self-hauling and dropping off of edible food to any food recovery organization or food recovery service without a contract to do so, or in violation of the terms of an existing contract regarding the type of edible food accepted, the hours of acceptance of self-haul, or the preparation and packaging requirements.
“Edible food”
means food intended for and fit for human consumption and collected or received from a tier one or tier two commercial edible food generator. For the purposes of this chapter, “edible food” is not solid waste if it is recovered and not discarded. Nothing in this chapter requires or authorizes the edible food recovery that does not meet the food safety requirements of the California Retail Food Code.
“Edible food recovery”
means actions to collect, receive, and/or re-distribute edible food for human consumption from tier one and tier two commercial edible food generators that otherwise would be disposed.
“Enforcement action”
means an action of the city taken to address noncompliance with this chapter, including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
“Excluded waste”
means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the city and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, state, or federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the city or its designee’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the city, or its designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multifamily solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.
“Exclusive franchise”
means the franchise agreement between the city and the exclusive franchised hauler.
“Exclusive franchised hauler”
means the person or entity with whom the city has contracted, as set forth under Chapter 8.16 of this code, to collect, receive, carry and/or transport solid waste in accordance with the provisions of Chapter 8.16.
“Food distributor”
means a company that distributes food to entities, including, but not limited to, supermarkets and grocery stores.
“Food facility”
means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, as set forth in Section 113789 of the Health and Safety Code.
“Food recovery organization”
means an entity that engages in the collection or receipt of edible food from tier one or tier two commercial edible food generators and distributes that edible food either directly or through other entities, including, but not limited to:
(1) 
A food bank as defined in Section 113783 of the Health and Safety Code;
(2) 
A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and
(3) 
A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
A food recovery organization is not a commercial edible food generator for the purposes of this chapter.
“Food recovery service”
means a person or entity that collects and transports edible food from a tier one or commercial edible food generator to a food recovery organization or other entities for food recovery. A food recovery service is not a commercial edible food generator for the purposes of this chapter.
“Food scraps”
means all food, such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food scraps excludes fats, oils, and grease when such materials are source separated from other food scraps.
“Food service provider”
means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations.
“Food-soiled paper”
is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons, but excluding paper containers that are lined with, or otherwise include, non-compostable materials.
“Food waste”
means food scraps, food-soiled paper, and compostable plastics.
“Gray container”
shall be used for the purpose of storage and collection of gray container waste and means a container where either:
(1) 
The lid of the container is gray or black in color; or
(2) 
The body of the container is entirely gray or black in color and the lid is gray or black in color. Hardware such as hinges and wheels on a gray container may be any color.
“Gray container waste”
means solid waste that is collected in a gray container that is part of a three-container organic waste collection service that prohibits the placement of organic waste in the gray container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).
“Green container”
shall be used for the purpose of storage and collection of source separated green container organic waste and means a container where either:
(1) 
The lid of the container is green in color.
(2) 
The body of the container is green in color and the lid is green, gray, or black in color. Hardware such as hinges and wheels on a green container may be any color.
“Greenhouse gas (GHG)”
means carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), sulfur hexafluoride (SF6), hydrofluorocarbons (HFC), perfluorocarbons (PFC), and other fluorinated greenhouse gases defined in 14 CCR Section 18982.
“Greenhouse gas emission reduction” or “greenhouse gas reduction”
means actions designed to achieve a calculated decrease in greenhouse gas emissions over time.
“Grocery store”
means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments.
“Hauler route”
means the designated itinerary or sequence of stops for each segment of the city’s collection service area.
“High diversion organic waste processing facility”
means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of fifty percent between January 1, 2022 and December 31, 2024, and seventy-five percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the “mixed waste organic collection stream” as defined in 14 CCR Section 17402(a)(11.5).
“Inspection”
means a site visit where the city or its designee reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR Section 18982(a)(35). For the purposes of edible food recovery in this chapter, “inspection” includes actions to review contracts and other records related to the recovery of edible food, and may occur off-site via email and other forms of electronic communication, as well as the on-site review of an entity’s records and collection, handling, and other procedures for the recovery of edible food to determine if the entity is complying with the requirements of this chapter.
“Large event”
means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than two thousand individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event.
“Large venue”
means a permanent venue facility that annually seats or serves an average of more than two thousand individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site is a single large venue.
“Local education agency”
means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to solid waste.
“Multifamily residential dwelling” or “multifamily”
means, for the purposes of this chapter, of, from, or pertaining to residential premises with five or more dwelling units. Multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.
“Non-compostable paper”
includes, but is not limited to, paper that is coated in a plastic material that will not breakdown in the composting process.
“Non-organic recyclables”
means non-putrescible and non-hazardous recyclable wastes, including, but not limited to, bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).
“Notice of violation (NOV)”
means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties.
“Organic waste”
means solid wastes containing material originated from living organisms and their metabolic waste products, including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).
“Organic waste generator”
means a person or entity that is responsible for the initial creation of organic waste.
“Paper products”
include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling.
“Printing and writing papers”
include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications.
“Prohibited container contaminants”
means the following: (1) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the city or designee’s blue container; (2) discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the city or designee’s green container; (3) discarded materials placed in the gray container that are acceptable source separated recyclable materials and/or source separated green container organic wastes to be placed in the city or designee’s green container and/or blue container; and (4) excluded waste placed in any container.
“Recovered organic waste products”
means products made from California, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).
“Recovery”
means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
“Recycled-content paper”
means paper products and printing and writing paper that consists of at least thirty percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
“Regional agency”
means regional agency as defined in Public Resources Code Section 40181.
“Regional or county agency enforcement official”
means a regional or county agency enforcement official, designated by the city with responsibility for enforcing this chapter.
“Renewable gas”
means gas derived from organic waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle organic waste, or as otherwise defined in 14 CCR Section 18982(a)(62).
“Restaurant”
means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).
“Route review”
means a visual inspection of containers along a hauler route for the purpose of determining container contamination, and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).
“SB 1383”
means Senate Bill 1383 of 2016 approved by the governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
“SB 1383 Regulations” or “SB 1383 Regulatory”
means or refers to, for the purposes of this chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
"Self-Hauler"
means a person, who hauls solid waste, organic waste or recyclable material he or she has generated to another person using the generator's own personnel and equipment, to the extent permitted by Chapter 8.16 of this code and the exclusive franchise. Self-Hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A). For the purposes of edible food recovery, "self-hauler" means a commercial edible food generator which holds a contract with and hauls edible food to a food recovery organization or other site for redistribution according to the requirements of this chapter.
“Single-family”
means, for the purpose of this chapter, of, from, or pertaining to any residential premises with fewer than five units.
“Solid waste”
has the same meaning as defined in State Public Resources Code Section 40191, which defines solid waste as all putrescible and nonputrescible solid, semi-solid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes, with the exception that solid waste does not include any of the following wastes:
(1) 
Hazardous waste, as defined in the State Public Resources Code Section 40141.
(2) 
Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).
(3) 
Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the State Public Resources Code.
“Source separated”
means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this chapter, source separated shall include separation of materials by the generator, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpose of collection such that source separated materials are separated from gray container waste/mixed waste or other solid waste for the purposes of collection and processing.
“Source separated blue container organic waste”
means source separated organic wastes that can be placed in a blue container that is limited to the collection of those organic wastes and non-organic recyclables.
“Source separated green container organic waste”
means source separated organic waste that can be placed in a green container that is specifically intended for the separate collection of organic waste by the generator, excluding source separated blue container organic waste, carpets, non-compostable paper, and textiles.
“Source separated recyclable materials”
means source separated non-organic recyclables and source separated blue container organic waste.
“State”
means the state of California.
“Supermarket”
means a full-line, self-service retail store with gross annual sales of two million dollars, or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items.
“Tier one commercial edible food generator”
means a commercial edible food generator that is one of the following:
(1) 
Supermarket.
(2) 
Grocery store with a total facility size equal to or greater than ten thousand square feet.
(3) 
Food service provider.
(4) 
Food distributor.
(5) 
Wholesale food vendor.
“Tier two commercial edible food generator”
means a commercial edible food generator that is one of the following:
(1) 
Restaurant with two hundred fifty or more seats, or a total facility size equal to or greater five thousand square feet.
(2) 
Hotel with an on-site food facility and two hundred or more rooms.
(3) 
Health facility with an on-site food facility and one hundred or more beds.
(4) 
Large venue.
(5) 
Large event.
(6) 
A state agency with a cafeteria with two hundred fifty or more seats or total cafeteria facility size equal to or greater than five thousand square feet.
(7) 
A local education agency facility with an on-site food facility.
“Uncontainerized green waste and yard waste collection service” or “uncontainerized service”
means a collection service that collects green waste and yard waste that is placed in a pile or bagged for collection on the street in front of a generator’s house or place of business for collection and transport to a facility that recovers source separated organic waste.
“Wholesale food vendor”
means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination.
(Ord. 1628 § 2, 2021; Ord. 1661, 9/25/2024)
(a) 
Single-family organic waste generators shall:
(1) 
Be automatically enrolled in the city's three-container organic waste collection services with a minimum source separated recyclable materials service level of sixty-four gallons per week, and with a minimum source separated green container organic waste service level of thirty-two gallons per week. The city or its designee shall have the authority to change these minimum required levels of service over time. The city or its designee shall have the right to review the number, size, and location of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, generator shall adjust its service level for its collection services as requested by the city or its designee.
(2) 
Participate in the city's three-container system for source separated recyclable materials, source separated green container organic materials, and gray container waste collection services. Generator participation in the collection programs requires that generators place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Generators shall not place materials designated for the gray container into the green container or blue container.
(3) 
Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).
(4) 
Subscribe to the city's organic waste collection services for all organic waste generated as described below in subsection (a)(5). The city shall have the right to review the number and size of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials, and each single-family generator shall adjust its service level for its collection services as requested by the city. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).
(5) 
Participate in the city's organic waste collection service(s) by placing designated materials in designated containers as follows. Generators shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Generators shall not place materials designated for the gray container into the green container or blue container. Generators shall not place prohibited container contaminants in collection containers.
(b) 
Commercial businesses, including multi-family residential dwellings, shall:
(1) 
Be automatically enrolled in the city's three-container organic waste collection services with a source separated recyclable materials service level of ninety-six gallons, and with a source separated green container organic waste service level of thirty-two gallons, as approved by the city or its designee. The city or its designee shall have the authority to change the minimum required service levels over time. The commercial business's source separated recyclable materials service level and source separated green container organic waste service level must be sufficient for the amount of source separated recyclable materials and source separated green container organic waste generated by the commercial business. The city or its designee shall have the right to review the number, size, and location of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and commercial business shall adjust its service level for its collection services as requested by the city or its designee.
(2) 
Participate in and comply with the city's three-container (blue container, green container, and gray container) collection service by placing designated materials in designated containers as described below. Generator shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Generators shall not place materials designated for the gray container into the green container or blue container.
(3) 
Supply and allow access to adequate number size, and location of collection containers with sufficient labels or colors (conforming with Sections (b)(4)(A) and (b)(4)(B) below), for employees, contractors, tenants and customers, consistent with the city's blue container, green container, and gray container collection service.
(4) 
Excluding multi-family residential dwellings, provide containers for the collection of source separated green container organic waste, and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular type of container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
(A) 
A body or lid that conforms with the container colors provided through the collection service provided by the city, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to the color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
(B) 
Container labels that include language or graphic images or both indicating the primary material accepted and the primary materials prohibited in that container or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant 14 CCR Section 18984.8, the container labels are required on new containers commencing January 1, 2022.
(5) 
Excluding multi-family residential dwellings, prohibit employees from placing materials in a container not designated for those materials in accordance with the city's organic waste, non-organic recyclables, and non-organic waste collection service to the extent practical through education, training, inspection, and/or other measures.
(6) 
Excluding multi-family residential dwellings, weekly inspect blue container, green container, and gray containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
(7) 
Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated green container organic waste and source separated recyclable materials.
(8) 
Provide education information before or within fourteen days of occupation of the premises to new tenants that describes requirements to keep source separated green container organic waste and source separated recyclable materials separate from gray container waste (when applicable) and the location of containers and the rules governing their use at each property.
(9) 
Provide or arrange access for the city or its designee, or their respective agents, to their properties during all inspections conducted in accordance with Section 8.27.130 of this chapter to confirm compliance with the requirements of this chapter.
(10) 
Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).
(11) 
Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements under Section 8.27.070.
(12) 
Subscribe to the city's three-container collection services and comply with requirements of those services as described below in subsection (b)(13), except commercial businesses that meet the self-hauler requirements in Section 8.27.100. The city shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials, and each commercial business shall adjust its service level for its collection services as requested by the city.
(13) 
Except commercial businesses that meet the self-hauler requirements of Section 8.27.100, participate in the city's organic waste collection service(s) by placing designated materials in designated containers as follows: Generator shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the appropriate blue container (paper, recyclables containers, or cardboard); and gray container waste in the gray container. Generator shall not place materials designated for the gray container into the green container or blue container.
(14) 
Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with subsections (b)(15)(A) and (b)(15)(B) below) for employees, contractors, tenants, and customers, consistent with city's blue container, green container, and gray container collection service or, if self-hauling, per the commercial business's instructions to support its compliance with its self-haul program.
(15) 
Excluding multi-family residential dwellings, provide containers for the collection of source separated green container organic waste and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
(A) 
A body or lid that conforms with the container colors provided through the collection service provided by the city, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this subsection (b)(15) prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
(B) 
Container labels that include language or graphic images, or both, indicating the primary materials accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.
(16) 
Multi-family residential dwellings are not required to comply with container placement requirements or labeling requirements in Section 6(d) pursuant to 14 CCR Section 18984.9(b).
(17) 
To the extent practical through education, training, inspection, and/or other measures, excluding multi-family residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the city's blue container, green container, and gray container collection service or, if self-hauling, per the commercial business's instructions to support its compliance with its self-haul program, in accordance with this Chapter 8.27.
(18) 
Excluding multi-family residential dwellings, periodically inspect blue containers, green containers, and gray containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
(19) 
Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated green container organic waste and source separated recyclable materials.
(20) 
Provide education information before or within fourteen days after occupation of the premises to new tenants that describes requirements to keep source separated green container organic waste and source separated recyclable materials separate from gray container waste (when applicable) and the location of containers and the rules governing their use at each property.
(21) 
Provide or arrange access for the city or its employees, agents and representatives to their properties during all inspections conducted in accordance with Section 16 of the ordinance codified in this section to confirm compliance with the requirements of said ordinance.
(22) 
A commercial business desiring to self-haul shall meet the self-hauler requirements in Section 8.27.100.
(23) 
Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).
(24) 
Commercial businesses that are tier one or tier two commercial edible food generators shall comply with the food recovery requirements pursuant to Section 8.27.070.
(Ord. 1628 § 2, 2021; Ord. 1661, 9/25/2024)
Commercial businesses shall:
(a) 
Be automatically enrolled in the city’s three-container organic waste collection services with a source separated recyclable materials service level of ninety-six gallons, and with a source separated green container organic waste service level of thirty-two gallons, as approved by the city or its designee. The city or its designee shall have the authority to change the minimum required service levels over time. The commercial business’ source separated recyclable materials service level and source separated green container organic waste service level must be sufficient for the amount of source separated recyclable materials and source separated green container organic waste generated by the commercial business. The city or its designee shall have the right to review the number, size, and location of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and commercial business shall adjust its service level for its collection services as requested by the city or its designee.
(b) 
Participate in and comply with the city’s three-container (blue container, green container, and gray container) collection service by placing designated materials in designated containers as described below. Generators shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Generators shall not place materials designated for the gray container into the green container or blue container.
(c) 
Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors (conforming with subsections (d)(1) and (d)(2) below), for employees, contractors, tenants and customers, consistent with the city’s blue container, green container, and gray container collection service.
(d) 
Excluding multifamily residential dwellings, provide containers for the collection of source separated green container organic waste, and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular type of container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
(1) 
A body or lid that conforms with the container colors provided through the collection service provided by the city, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to the color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
(2) 
Container labels that include language or graphic images or both indicating the primary material accepted and the primary materials prohibited in that container or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant 14 CCR Section 18984.8, the container labels are required on new containers commencing January 1, 2022.
(e) 
Excluding multifamily residential dwellings, prohibit employees from placing materials in a container not designated for those materials in accordance with the city’s organic waste, non-organic recyclables, and non-organic waste collection service to the extent practical through education, training, inspection, and/or other measures.
(f) 
Excluding multifamily residential dwellings, weekly inspect blue container, green container, and gray containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
(g) 
Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated green container organic waste and source separated recyclable materials.
(h) 
Provide education information before or within fourteen days of occupation of the premises to new tenants that describes requirements to keep source separated green container organic waste and source separated recyclable materials separate from gray container waste (when applicable) and the location of containers and the rules governing their use at each property.
(i) 
Provide or arrange access for the city or its designee, or their respective agents, to their properties during all inspections conducted in accordance with Section 8.27.130 of this chapter to confirm compliance with the requirements of this chapter.
(j) 
Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).
(k) 
Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements under Section 8.27.070 of this chapter.
(Ord. 1628 § 2, 2021)
(a) 
De Minimis Waivers. The city may grant a de minimis waiver to a commercial business for complying with the organic waste requirements of this chapter, if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described in subsection (a)(2) below. The number of requirements that may be waived pursuant to a waiver granted by the city shall be determined by the city based on the particular operational circumstances of each commercial business as demonstrated by the submittals described below. Commercial businesses requesting a de minimis waiver shall:
(1) 
Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in subsection (a)(2) below.
(2) 
Provide documentation that either:
(A) 
The commercial business’ total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than twenty gallons per week per applicable container of the business’ total waste; or
(B) 
The commercial business’ total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than ten gallons per week per applicable container of the business’ total waste.
(3) 
Notify the city if circumstances change such that commercial business’s organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.
(4) 
Provide written verification of eligibility for de minimis waiver every five years, if the city has approved de minimis waiver.
(b) 
Physical Space Waivers. The city may grant a physical space waiver to a commercial business for complying with the recyclable materials and/or organic waste collection service requirements of this chapter, if the city receives evidence from its own staff, its designee, the commercial business requesting a waiver, a licensed architect, or a licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements of Section 8.27.050 of this chapter. The number of requirements that may be waived pursuant to a waiver granted by the city shall be determined by the city based on the particular operational circumstances of each commercial business as demonstrated by the foregoing evidence or the submittals described below.
A commercial business may request a physical space waiver through the following process:
(1) 
Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
(2) 
Provide documentation that the premises lacks adequate space for blue containers and/or green containers including documentation from its hauler, licensed architect, or licensed engineer.
(3) 
Provide written verification to city that it is still eligible for physical space waiver every five years, if city has approved application for a physical space waiver.
(c) 
Collection Frequency Waiver. The city, at its discretion and in accordance with 14 CCR <<https://resolve.ecode360.com/state_code/ca/ca_ccr>> Section 18984.11(a)(3), may allow the owner or tenant of any residence, premises, business establishment or industry that subscribes to the city's three-container organic waste collection service to arrange for the collection of their blue container, gray container, or both once every fourteen days, rather than once per week. Notwithstanding the grant of an exception under this subsection, however, containers containing putrescible materials must be collected once every seven days.
(d) 
Review and Approval of Waivers. The city manager or his or her designee shall have the authority to review and approve waivers described in the foregoing sections.
(Ord. 1628 § 2, 2021; Ord. 1661, 9/25/2024)
(a) 
Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
(b) 
Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024.
(c) 
Tier one and tier two commercial edible food generators shall comply with the following requirements:
(1) 
Arrange to recover the maximum amount of edible food that would otherwise be disposed.
(2) 
Use the CalRecycle Model Food Recovery Agreement or the contractual elements contained in Section 8.27.080 of this chapter to contract with, or otherwise enter into a written agreement with food recovery organizations or food recovery services for:
(A) 
The collection of edible food for food recovery; or
(B) 
The acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.
(3) 
Contract with food recovery organizations and food recovery services able to demonstrate a positive reduction in greenhouse gas emissions from their edible food recovery activity.
(4) 
Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
(5) 
Allow the city or its designee access to the premises and to inspect procedures and review records and provide such records electronically if requested by the city or its designee.
(6) 
Keep records that include the following information:
(A) 
A list of each food recovery organization or a food recovery service that collects or receives edible food from the tier one or tier two commercial edible food generator pursuant to a contract or written agreement as required by this chapter.
(B) 
A copy of all contracts or written agreements established under the provisions of this chapter.
(C) 
A record of the following information for each of those food recovery services or food recovery organizations:
(i) 
The name, address and contact information of the food recovery service or food recovery organization.
(ii) 
The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.
(iii) 
The established schedule or frequency that food will be collected or self-hauled.
(iv) 
The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.
(7) 
No later than June 30th of each year commencing no later than July 1, 2022 for tier one commercial edible food generators and July 1, 2024 for tier two commercial edible food generators, provide an annual food recovery report to the city that includes the following information: a list of all contracts with food recovery organizations and food recovery services, the amount and type of edible food donated to food recovery organizations and food recovery services, the schedule of edible food pickup by food recovery organizations and food recovery services, a list of all types of edible food categories they generate, such as “baked goods,” that are not accepted by the food recovery organizations and food recovery services with whom they contract, the contact information for the manager and all staff responsible for edible food recovery, and certification that all staff responsible for edible food recovery have obtained a food handler card through an American National Standards Institute (ANSI) accredited training provider that meets ASTM International E2659-09 Standard Practice for Certificate Programs, such as ServSafe. With the exception of the food safety and handling training certification, tier one and tier two commercial edible food generators may coordinate with their edible food recovery contractors to supply this information.
(8) 
Require all edible food recovery staff to comply with applicable donation guidelines or other similar regulations established by and that are most currently in effect for each food recovery organization or food recovery service with which the generator contracts, and to attend trainings conducted by regarding best practices and requirements for the timely identification, selection, preparation, and storage of edible food to ensure the maximum amount of edible food is recovered and to avoid supplying food for collection that is moldy, has been improperly stored, or is otherwise unfit for human consumption.
(9) 
For tier one and tier two commercial edible food generators who self-haul edible food, require all staff transporting edible food for recovery to obtain a food handler card through an American National Standards Institute (ANSI) accredited training provider that meets ASTM International E2659-09 Standard Practice for Certificate Programs, such as ServSafe and follow the best practices and standards for proper temperature control, methods, and procedures for the safe handling and transport of food.
(d) 
Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
(Ord. 1628 § 2, 2021; )
(a) 
Food recovery services operating in the city collecting or receiving edible food directly from tier one and/or tier two commercial edible food generators, via a contract or written agreement established under the requirements of this chapter, shall maintain the following records:
(1) 
The name, address, and contact information for each tier one and tier two commercial edible food generator from which the service collects edible food.
(2) 
The quantity in pounds of edible food by type collected from each tier one and tier two commercial edible food generator per month.
(3) 
The quantity in pounds of edible food by type transported to each food recovery organization or redistribution site per month.
(4) 
The name, address, and contact information for each food recovery organization or redistribution site that the food recovery service transports edible food to for edible food recovery.
(b) 
Food recovery organizations operating in the city collecting or receiving edible food directly from tier one and/or tier two commercial edible food generators, via a contract or written agreement established under the requirements of this chapter, or receiving edible food from food recovery services or from other food recovery organizations, shall maintain the following records:
(1) 
The name, address, and contact information for each tier one and tier two commercial edible food generator, food recovery service, or other food recovery organization from which the organization collects or receives edible food.
(2) 
The quantity in pounds of edible food by type collected or received from each tier one or tier two commercial edible food generator, food recovery service, or other food recovery organization per month.
(3) 
The name, address, and contact information for each food recovery organizations or redistribution sites that the food recovery organization transports edible food to for edible food recovery.
(c) 
Food recovery organizations and food recovery services operating in the city shall inform tier one and tier two commercial edible food generators from which they collect or receive edible food about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established as required by this chapter.
(d) 
Commencing no later than July 1, 2022, food recovery organizations and food recovery services operating in the city and collecting or receiving edible food from tier one and tier two commercial edible food generators or any other source shall report to the city or its designee the following: (1) a detailed edible food activity report of the information collected as required under this chapter, including weight in pounds by type and source of edible food; (2) the schedule/frequency of pickups/drop-offs of edible food from/to each edible food source or redistribution site; (3) brief analysis of any necessary process improvements or additional infrastructure needed to support edible food recovery efforts, such as training, staffing, refrigeration, vehicles, etc.; and (4) an up to date list of tier one and tier two commercial edible food generators with whom they have contracts or agreements established as required under this chapter. This edible food activity report shall be submitted quarterly, or at the discretion of the city or its designee, less frequently, and shall cover the activity that occurred since the period of the last submission.
(e) 
Prior to executing new agreements or contracts with tier one or tier two commercial edible food generators, food recovery organizations and food recovery services operating in the city shall consult and review with the city or its designee the requirements of this chapter in or to ensure compliance with the requirements described herein. In addition, it shall be the responsibilities of food recovery organizations and food recovery services operating in the city to ensure that any existing agreements with tier one or tier two commercial edible food generators comply with the requirements of this chapter after the effective date of the enabling ordinance, including consulting with the city or its designee the necessary steps to be taken for compliance.
(f) 
In order to provide the required records to the state, the city or its designee, and tier one or tier two commercial edible food generators, contracts between food recovery organizations and food recovery services operating in the city and tier one and tier two commercial edible food generators shall either:
(1) 
Use the Model Food Recovery Agreement developed by CalRecycle and include provisions requiring the food recovery organization or food recovery service to report to the tier one and tier two commercial edible food generators with whom they have contracts the annual amount of edible food recovered and to inform them of the tax benefits available to those who donate edible food to non-profits.
(2) 
Or, if the CalRecycle Model is not utilized, include in their contracts the following elements:
(A) 
List/description of allowable foods the food recovery organization/food recovery service will receive.
(B) 
List/description of foods not accepted by the food recovery organization/food recovery service.
(C) 
Conditions for refusal of food.
(D) 
Food safety requirements, training, and protocols.
(E) 
Transportation and storage requirements and training.
(F) 
A protocol for informing the tier one or tier two commercial edible food generators of a missed or delayed pickup.
(G) 
Notice that donation dumping is prohibited.
(H) 
Provisions to collect sufficient information to meet the record-keeping requirements of this chapter.
(I) 
Fees/financial contributions / acknowledgement of terms for the pickup and redistribution of edible food.
(J) 
Terms and conditions consistent with the CalRecycle Model Food Recovery Agreement.
(K) 
Information supplying the tier one or tier two commercial edible food generators with the annual amount of edible food recovered and informing them of the tax benefits that may be available to those who donate edible food to non-profits.
(L) 
Contact name, address, phone number, and email for both responsible parties, including the current on-site staff responsible for edible food recovery.
(M) 
Food recovery organizations accepting self-hauling of edible food from tier one and tier two commercial edible food generators must provide a schedule, including days of the week and acceptable times for drop-offs, and information about any limitation on the amount of food accepted, and/or the packaging requirements or other conditions of transport, such as, but not limited to, maintaining proper temperature control, and other requirements for the safe handling and transport of food, the self-hauler must follow for the edible food to be accepted.
(g) 
Food recovery organizations and food recovery services operating in the city shall demonstrate that all persons, including volunteers and contracted workers using their own vehicle, involved in the handling or transport of edible food, have obtained a food handler card through an American National Standards Institute (ANSI) accredited training provider that meets ASTM International E2659-09 Standard Practice for Certificate Programs, such as ServSafe.
(h) 
Food recovery organizations and food recovery services operating in the city shall use the appropriate temperature control equipment and methods and maintain the required temperatures for the safe handling of edible food recovered from tier one and tier two commercial edible food generators for the duration of the transportation of the edible food for redistribution, including edible food transported by private vehicles.
(i) 
In order to ensure recovered edible food is eaten and to prevent donation dumping, food recovery organizations and food recovery services operating in the city shall provide documentation that all redistribution sites which are not themselves food recovery organizations to which they deliver edible food have a feeding or redistribution program in place to distribute, within a reasonable time, all the edible food they receive. Such documentation may include a website address which explains the program or pamphlets/brochures prepared by the redistribution site.
(j) 
Food recovery organizations and food recovery services operating in the city unable to demonstrate a positive reduction in GHG emissions for their edible food recovery operational model cannot contract with tier one and tier two commercial edible food generators in the city for the purpose of recovering edible food as defined in this chapter. Food recovery organizations and food recovery services contracting to recover edible food from a tier one and tier two commercial edible food generator for redistribution shall consult with the city or its designee to document that their overall operational model will achieve a greenhouse gas emissions reduction. Such review may analyze route review, miles traveled for pick-up and redistribution, amount of food rescued, and the likelihood of consumption after redistribution.
(k) 
Food recovery organizations and food recovery services operating in the city shall inspect all edible food recovered or received from a tier one and tier two commercial edible food generator. If significant spoilage is found, or if the food is otherwise found to be unfit for redistribution for human consumption, food recovery organizations and food recovery services shall immediately notify the city or its designee using a notification process to be set by the city or its designee. Such notice shall include:
(1) 
The type and amount, in pounds, of spoiled food or food unfit for redistribution for human consumption, or provide a photographic record of the food, or both.
(2) 
The date and time such food was identified.
(3) 
The name, address and contact information for the tier one or tier two commercial edible food generator which provided the food.
(4) 
The date and time the food was picked up or received.
(5) 
A brief explanation of why the food was rejected or refused.
(l) 
Contracts between tier one or tier two commercial edible food generators and food recovery organizations or food recovery services shall not include any language prohibiting tier one or tier two commercial edible food generators from contracting or holding agreements with multiple food recovery organizations or food recovery services.
(m) 
Food recovery organizations and food recovery services operating in the city shall conduct trainings and develop educational material such as donation guidelines and handouts to provide instruction and direction to tier one and tier two commercial edible food generators with whom they contract regarding best practices and requirements for the timely identification, selection, preparation, and storage of edible food to ensure the maximum amount of edible food is recovered and to avoid the collection of food that is moldy, has been improperly stored, or is otherwise unfit for human consumption.
(n) 
Edible Food Recovery Capacity Planning.
(1) 
Food recovery services and food recovery organizations. In order to support edible food recovery capacity planning assessments or other such studies, food recovery services and food recovery organizations operating in the city shall provide information and consultation to the city or its designee upon request, regarding existing, or proposed new or expanded, edible food recovery capacity that could be accessed by the city and its tier one and tier two commercial edible food generators. A food recovery service or food recovery organization contacted by the city or its designee shall respond to such requests for information within sixty days.
(o) 
Allow the city or its designee to access the premises and inspect procedures and review records related to edible food recovery and/or provide them electronically if requested by the city or its designee.
(Ord. 1628 § 2, 2021)
(a) 
Requirements for Haulers.
(1) 
Exclusive franchised hauler and permitted haulers as authorized by the exclusive franchise and Chapter 8.16 of this code, providing residential, commercial, or industrial organic waste collection services to generators within the city’s boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the city to collect organic waste:
(A) 
Through written notice to the city annually on or before December 31 of each year identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials, source separated green container organic waste, and mixed waste.
(B) 
Transport source separated recyclable materials, source separated green container organic waste, and mixed waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
(C) 
Obtain approval from the city or its designee to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, Section 8.27.110 of this chapter, and applicable city C&D requirements under this code.
(2) 
Exclusive franchised hauler, and permitted haulers as authorized by the exclusive franchise and Chapter 8.16 of this code, authorized to collect organic waste in the city shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, this code or other regulations, or other agreement entered into with city.
(b) 
Requirements for Facility Operators and Community Composting Operations.
(1) 
Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon the city or its designee’s request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city or its designee shall respond within sixty days.
(2) 
Community composting operators, upon the city or its designee’s request, shall provide information to the city or its designee to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the city or its designee shall respond within sixty days.
(Ord. 1628 § 2, 2021)
(a) 
Self-haulers shall source separate all recyclable materials and organic waste generated on site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.
(b) 
Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated green container organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste. Alternatively, self-haulers may haul organic waste to a high diversion organic waste processing facility.
(c) 
Commercial business self-haulers shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste; this record shall be subject to inspection by the city or its designee. If requested in writing, the commercial business self-hauler shall provide the record to city or its designee. The records shall include the following information:
(1) 
Delivery receipts and weight tickets from the entity accepting the waste.
(2) 
The amount of material in cubic yards or tons transported by the generator to each entity.
(3) 
If the material is transported to an entity that does not have scales on site, or employs scales incapable of weighing the self-hauler’s vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.
(Ord. 1628 § 2, 2021)
(a) 
Any individual or entity submitting an application for a building permit from the city shall comply with the requirements of this section and all applicable requirements of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended and adopted by reference under Title 15 of this code. If the requirements of CALGreen are more stringent than the requirements of this section, the CALGreen requirements shall apply.
(b) 
Applicants with projects subject to CALGreen requirements must, as a condition of building permit issuance, comply with the following:
(1) 
Where five or more multifamily dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of blue container and green container materials, consistent with the three-container collection program offered by the city, or comply with provision of adequate space for recycling for multifamily and commercial premises pursuant to applicable CALGreen requirements most recently in effect as adopted by reference under Title 15 of this code.
(2) 
Where new commercial construction or additions result in more than thirty percent of the floor area, provide readily accessible areas identified for the storage and collection of blue container and green container materials, consistent with the three-container collection program offered by the city, or comply with provision of adequate space for recycling for multifamily and commercial premises pursuant to applicable CALGreen requirements most recently in effect as adopted by reference under Title 15 of this code.
(3) 
For all projects, comply with CALGreen requirements and applicable state, federal and local law related to management of C&D, including diversion of organic waste in C&D from disposal, and all city ordinances, regulations and guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D, including Chapter 8.16 of this code.
(Ord. 1628 § 2, 2021)
(a) 
The city’s departments, and direct service providers to the city, as applicable, must comply with the city’s recovered organic waste product procurement policy most recently in effect and as may be amended from time to time, and recycled-content paper procurement policy most recently in effect and as may be amended from time to time. The city manager shall have the authority to adopt as necessary administrative instructions to implement the procurement policies described herein.
(b) 
All vendors providing paper products and printing and writing paper shall:
(1) 
If fitness and quality are equal, provide recycled-content paper products and recycled-content printing and writing paper that consists of at least thirty percent, by fiber weight, postconsumer fiber instead of non-recycled products whenever recycled paper products and printing and writing paper are available at the same or lesser total cost than non-recycled items.
(2) 
Provide paper products and printing and writing paper that meet Federal Trade Commission recyclability standard as defined in 16 Code of Federal Regulations (CFR) Section 260.12.
(3) 
Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the paper products and printing and writing paper offered or sold to the city. This certification requirement may be waived if the percentage of postconsumer material in the paper products, printing and writing paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.
(4) 
Certify in writing, on invoices or receipts provided, that the paper products and printing and writing paper offered or sold to the city is eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) Section 260.12 (2013).
(5) 
Provide records to the city or its designee in accordance with the city’s recycled-content paper procurement policy(ies) of all paper products and printing and writing paper purchases within thirty days of the purchase (both recycled-content and non-recycled content, if any is purchased) made by any division or department or employee of the city. Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required in subsections (b)(3) and (b)(4) of this section for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-recycled content paper products or printing and writing papers are provided, include a description of why recycled-content paper products or printing and writing papers were not provided.
(Ord. 1628 § 2, 2021)
(a) 
The city or its designee are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this chapter by organic waste generators, commercial businesses (including multifamily residential dwellings), property owners, tier one and tier two commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section shall not be construed to allow the city or its designee to enter the interior of a private residential property for inspection.
(b) 
Regulated entities shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city or its designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this chapter. Failure to provide or arrange for: (1) access to an entity’s premises; or (2) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described.
(c) 
Any records obtained by the city or its designee during its inspections, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.
(d) 
The city and its designee, and their respective representatives, are authorized to conduct any inspections, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.
(e) 
The city or its designee shall receive written complaints from persons regarding an entity that may be potentially noncompliant with SB 1383 Regulations, including receipt of anonymous complaints. Complaints shall be received and processed as follows:
(1) 
Complaints shall be submitted in writing and shall include the following information:
(A) 
If the complaint is not anonymous, the name and contact information of the complainant.
(B) 
The identity of the alleged violator, if known.
(C) 
A description of the alleged violation including location(s) and all other relevant facts known to the complainant.
(D) 
Any relevant photographic or documentary evidence to support the allegations in the complaint.
(E) 
The identity of any witnesses, if known.
(2) 
The city or its designee shall review the complaint for compliance with the foregoing requirements of subsection (e)(1) above and determine whether the allegations, if proven true, would constitute a violation of this chapter. If so, the city or its designee shall commence an investigation within ninety days of receiving the complaint. The city or its designee may decline to investigate a complaint if, in its judgment, investigation is unwarranted because the allegations are contrary to facts known to it.
(3) 
If the identity and contact information of the complainant are known, the city or its designee shall provide notice to the complainant upon conclusion of the investigation the status or results of their complaint.
(4) 
The city shall maintain records of all complaints and responses pursuant to this section as required by 14 CCR Section 18995.2, as may be amended. The records shall include the complaint as received and the city’s determination of compliance or notice of violations issued.
(5) 
The city manager is authorized to adopt administrative regulations to further implement or effectuate the requirements of this subsection.
(Ord. 1628 § 2, 2021)
(a) 
Violation of any provision of this chapter shall be subject to the administrative citation process and abatement procedure set forth under Chapter 8.54 of this code by a city enforcement official or regional or county agency enforcement official, except that the lien procedure described under Articles V and VI of Chapter 8.54 shall not apply to violations under this chapter.
(b) 
In addition, a violation of this chapter may be remedied by any means available to the city to remedy a violation of this code. The city or its designee may pursue civil actions in the California courts to seek recovery of unpaid administrative citations, or may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of city or designee staff and resources.
(c) 
Responsible Entity for Enforcement.
(1) 
Enforcement pursuant to this chapter may be undertaken by a city enforcement official.
(2) 
Enforcement may also be undertaken by a regional or county agency enforcement official in consultation with the city enforcement official.
(3) 
City enforcement official(s) and regional or county enforcement official(s) will interpret the provisions of this chapter; determine the applicability of waivers, if violation(s) have occurred; implement enforcement actions; and, determine if compliance standards are met.
(4) 
City enforcement official(s) and regional or county agency enforcement official(s) may issue notices of violation(s) as provided in this chapter.
(d) 
Process for Enforcement.
(1) 
The city enforcement official or the regional or county enforcement official undertaking enforcement responsibilities pursuant to this chapter shall monitor compliance with this chapter through random means by utilizing compliance reviews, route reviews, investigation of complaints, and an inspection program. Section 8.27.130 of this chapter establishes city’s right to conduct inspections and investigations.
(2) 
The city or its designee shall have the authority to issue an official notification to notify regulated entities of its obligations under this chapter.
(3) 
Issuance of a Notice of Violation.
(A) 
For incidences of prohibited container contaminants found in containers, except those incidences relating to edible food recovery, the city enforcement official or the regional or county enforcement official shall issue a notice of violation to any generator found to have prohibited container contaminants in a container.
(B) 
Such notice will be provided via a cart tag or other communication immediately upon identification of the prohibited container contaminants or within twenty-four hours after determining that a violation has occurred.
(C) 
If the city enforcement official or the regional or county enforcement official observes prohibited container contaminants in a generator’s containers on more than two consecutive occasion(s) or more than three times in any twelve month period, the city enforcement official or the regional or county enforcement official may assess contamination processing fees or contamination penalties on the generator.
(D) 
For incidences of prohibited container contaminants found in containers relating to edible food recovery, the city enforcement official or the regional or county enforcement official shall issue a notice of violation to any tier one or tier two commercial edible food generator found to have edible food in any container or to any food recovery organization or food recovery service found to have edible food recovered from a tier one or tier two edible food generator in a container which has not been documented by a notice of significant spoilage as required by Section 8.27.080 of this chapter.
(E) 
Such notice will be provided by electronic mail or other means of communication immediately upon identification of the prohibited container contaminants or within three days after determining that a violation has occurred.
(F) 
If the city enforcement official or the regional or county enforcement official observes prohibited container contaminants, such as edible food, in a tier one or tier two commercial edible food generator, or food recovery organization, or food recovery service container on more than two consecutive occasion(s), the city enforcement official or the regional or county enforcement official may assess an administrative citation and fine, pursuant to the penalties provisions contained in this chapter, on the tier one or tier two commercial edible food generator, food recovery organization, or food recovery service.
(4) 
With the exception of prohibited container contaminants violations addressed under subsection (d)(3) of this section and violations related to edible food recovery, the city enforcement official or the regional or county enforcement official shall issue a notice of violation requiring compliance within sixty days of issuance of the notice. For violations related to edible food recovery, the city enforcement official or the regional or county enforcement official may issue a notice of violation requiring compliance within seven days of issuance of the notice.
(5) 
Absent compliance by the respondent within the deadline set forth in the notice of violation as described above, the city shall commence an action to impose penalties, via an administrative citation and fine, pursuant to Chapter 8.54 of this code or any other remedy available to the city.
Notices shall be sent to the property owner at the official address of the owner maintained by the tax collector for the city or if no such address is available, to the owner at the address of the dwelling or commercial property or to the party responsible for paying for the collection services, depending upon available information.
(e) 
Penalty Amounts for Types of Violations.
Violations of this chapter shall be subject to the following fines:
(1) 
For a first violation, the amount of the base penalty shall be one hundred dollars per violation.
(2) 
For a second violation, the amount of the base penalty shall be two hundred dollars per violation.
(3) 
For a third or subsequent violation, the amount of the base penalty shall be five hundred dollars per violation.
(f) 
Factors Considered in Determining Penalty Amount.
The following factors shall be used to determine the amount of the penalty for each violation within the appropriate penalty amount range:
(1) 
The nature, circumstances, and severity of the violation(s).
(2) 
The violator’s ability to pay.
(3) 
The willfulness of the violator’s misconduct.
(4) 
Whether the violator took measures to avoid or mitigate violations of this chapter.
(5) 
Evidence of any economic benefit resulting from the violation(s).
(6) 
The deterrent effect of the penalty on the violator.
(7) 
Whether the violation(s) were due to conditions outside the control of the violator.
(g) 
Compliance Deadline Extension Considerations. The city may extend the compliance deadlines set forth in a notice of violation issued in accordance with this section if it finds that there are extenuating circumstances based on evidence presented in the record before it that are beyond the control of the respondent that make compliance within the deadlines impracticable, including, but not limited to, the following:
(1) 
Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
(2) 
Delays in obtaining discretionary permits or other government agency approvals; or
(3) 
Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the city is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
(h) 
Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation pursuant to Chapter 8.54 of this code.
(i) 
Education Period for Noncompliance. Beginning January 1, 2022 and through December 31, 2023, the city or its designee will conduct inspections, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if city or its designee determines that an organic waste generator, hauler, tier one commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it shall provide educational materials and/or, for the purposes of edible food recovery, training to the entity describing its obligations under this chapter and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.
(j) 
Civil Penalties for Noncompliance. Beginning January 1, 2024, if the city or its designee determines that an organic waste generator, self-hauler, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this section, as needed.
(Ord. 1628 § 2, 2021)